Rent act- bona fide requirement of landlord
Deepa Punjani
(Querist) 27 September 2013
This query is : Resolved
Hello. Our landlord has filed a case against us for eviction. One of the grounds that he has chose to exploit is the bona fide ground since this ground gives him greater immunity. However it has been ruled that the bonafide ground must be reasonable, honest, in good faith,and not cause more hardship to the tenant and therefore must be viewed on the basis of all material facts available.
At present the landlord has chose to exploit our defence. In our additional written statement we have proved he has more than one flat in his occupation in the suit premises. On the basis of our information in the written statement, he now wants to amend his plaint so as to take advantage of our disclosure and find a reason to further his bonafide requirement which did not exist in his plaint earlier. Since he has not filed his affidavit for evidence, my lawyer says his amendment is likely to be accepted and these points can be brought up in the cross-examination.
Is this indeed the only alternative? Can we not block our landlord's amendment on just grounds? What I would like to know is if there has been a precedent for a situation like this and cannot the amendment be justly contested by means of the obvious facts and orders/judgements if available?
Our case is filed in the Small Causes court in Mumbai and comes under the Maharashtra Rent Control Act 1999. My husband is the legal heir of the deceased tenant who occupied this premise since 1950. We have the necessary legal documents to prove so.
Your advice will be much appreciated.
Best,
Deepa P
Advocate M.Bhadra
(Expert) 28 September 2013
You can file a supplementary Written Objection against the amendment of the Plaint,but court may consider the Plaintiff under order 6 rule 17 CPC. Eviction of tenant is a lengthy process,so you can defend the suit by proper way to prove the landlord has several occupation than that of suit property.
Raj Kumar Makkad
(Expert) 28 September 2013
If the amendment in the rent petition is allowed, you shall be provided with the opportunity to file the written statement against the amended petition so don't worry. legal position cannot be changed.
mahendra rai jain
(Expert) 28 September 2013
I agree with Makkad Sir, If your lawyer proves in argument that landlord can produced new case by way of amendment application the court can reject the same. If application allowed, you can file apeal/Revision in higher courts against the order. you will get opportunity to file written statement for amendment. you can send all detail at my email lawyer_mrjain@yahoo.com
Rajendra K Goyal
(Expert) 28 September 2013
Well advised by the experts, nothing more to add.
Deepa Punjani
(Querist) 30 September 2013
Thank you Mr Bhadra, Mr Makkad, Mr Jain and Mr Goyal for attending to my query and for providing your inputs. This is a very helpful forum and I am impressed by your prompt response.
Best,
Deepa P
